6th Grader Sues Dad Over Grounding - And Wins
Categories: Teens & tweens, In The News, Weird But True
The 12-year-old girl's parents are divorced; in the spring of 2008, the girl's mom gave her permission to go on a class trip to Quebec City in June. But the middle-schooler lived with her father, and after she disobeyed daddy's orders to stay off the Internet, he told her she couldn't go. So what did she do? She took him to court. Of course.
A lower court ruled in favor of the girl, who went on the embattled class trip. Her father appealed -- on principle - -and amazingly, the girl won again. The father's attorney, Kim Beaudoin, says that her client is "flabbergasted" and they are considering another appeal, this time to Canada's Supreme Court. But, the attorney adds, the father has no regrets about the court proceedings. "Either way, he doesn't have authority over this child anymore. She sued him because she doesn't respect his rules," Beaudoin said. "It's very hard to raise a child who is the boss."
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Virginia
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Nevada
It is illegal to drive a camel on the highway.
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Colorado: It is illegal to ride a horse while under the influence.
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Florida: A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing.Image couresty of Flickr, licensed under Creative Commons.
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Wisconsin: Margarine may not be substituted for butter in restaurants unless it is requested by the customer.
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Illinois: You may be arrested for vagrancy if you do not have at least one dollar bill on your person.
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Georgia: Donkeys may not be kept in bathtubs.
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Texas: A recently passed anticrime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Now, I don't know a lot about the law, but I watch enough "Law & Order" to know that one thing that counts in the legal world is precedent. CBC News says that "the appeal court warned [that] the case should not be seen as an open invitation for children to take legal action every time they're grounded." But here's thing: If you don't want someone to consider using your ruling in other cases, maybe you shouldn't make the ruling. And what could the judge's reasoning possibly have been? Lucie Fortin, the Legal Aid lawyer who helped the girl take her pops to court, said that "The trip was very important" to the daughter. How is that a legal argument? Don't parents have the right to punish their children? (This is like making Consensual Living a legal requirement.)
Sadly, the case has destroyed the relationship between the girl and her father. "We went from a child who wanted to live with her father, and after all this has been done, they're not speaking anymore." The father's attorney adds, "We have a lot of work to re-establish a link between those two."
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Reader Comments (Page 1 of 23)
Sandyone 4-08-2009 @ 9:56PM
I know some parents who are really too strict. I think the Canadian govt should set up a ministry to establish appropriate discipline guidelines. Since you never know who is a good parent and who isn't, all Canadian children and their parents should be required to route their discipline issues through the ministry.
/end sarcasm
Reply
John 4-09-2009 @ 8:53AM
When the child breaks the law, blame the court and not the parent for trying to do right.
Reply
Ed 4-08-2009 @ 8:11PM
The judge allowing this messr to be heard in court should be removed from the bench.
Reply
calm 4-08-2009 @ 8:24PM
this pisses me off!!!! If this were my kid i would be so livid! How is a 12 year old allowed to sue someone?
hall monitor 4-08-2009 @ 8:34PM
It appears we have completely switched the balance of power and put kids in charge of the house. I can already see teens across the coutry getting ideas to follow these foot-steps.
Hall Monitor
http://detentionslip.org
lily 4-08-2009 @ 8:56PM
We complain that kids have no manners, morals, integrity, they are unruly and out of control.....so what do we do when we try to punish kids to teach them life lessons?......we allow kids to rule and take parents to court. Now you have one spoiled kid...a jaded father, and a system that ruined the relationship between these two. It was a travesty and a shame and if people want to raise good kids bounteries need to be set and their has to be consequences for thir actions. The judge should be removed from the bench.
Kate 4-08-2009 @ 9:26PM
If this was my daughter I would tell her if living with me was so hard she could be in foster care. Yeah it would break my heart but a line needs to be drawn. I seriously doubt the child would want to go to foster care anyways. She sounds like a brat and brats are a result of bad parenting. Spoil and give them everything they want how they want it and then expect them to behave later? Get a clue daddy.
LC 4-08-2009 @ 9:28PM
TRY THIS IN THE USA (WE ARE TALKING ABOUT CANADA HERE) AND SEE WHERE IT GOES.
bj 4-08-2009 @ 9:42PM
I thought someone had to be an adult to make their own choices. We won't let our service men and women have a drink. But we let a 12 year old decide that the Father cannot make decisions of what should be punishment for not obeying some simple rule. This is the person that will be defending our future. Do our courts really think that allowing this will make children have respect for their own parents. Do they think that children will respect each other or even themselves.
becky 4-09-2009 @ 10:15PM
this is beyond unbelieveable, the father should give the girl to the judge to raise because she will never obay her father again. it doesn't matter what she was grounded for when the courts starts to over rule parents that leave the parents unable to raise the children. If this child was physically punished then this would be a different matter. Parents are suposed to lay down the rules and if a child breaks them then they should be held accountable. This is the problem with a number of young adults today, first the parents bail them out of any and all trouble now the courts are deciding what kind of punishment the parents can deal out. I'm just glad my son is grown, cause i'd end up in jail for beating him if he had pulled this.
SunnyDawson 4-08-2009 @ 10:31PM
This young lady is going to be a real peach to work with in the workplace. She will grow up being a bully and completely alone unless things change.
lia 4-08-2009 @ 10:40PM
I would not have believed it. But I lived through a case where my 2 daughters age 13 and 14 took me to court to live with their father full time. Me a stay at home mom till they went to middle school devistated by this loss and why? The courts allow children to have 70 to80 % of the courts decision based on what they say. How is it that the kids and the court think it is OK for 2 girls to live with their father full time.....just because they want to. Our federal and state laws allow the kids to decide this (who is the easier parent you decide). Oh sure I could fight it for 20 to 40 thousand dollars and be a case open in the system for 2 years ...and child services advised me.....you don't really have a chance.
Rose 4-08-2009 @ 11:01PM
The far left liberal judges have been pushing for the rights of the child since the 80s and that's why kids today have no respect for the law or their parents and why they are taking the lives of their parents in far too many cases. The liberal judges punish the parents if the kids get into trouble and even take their kids away from them, but they tell the parents that it's illegal to discipline them and they can either be punished or sued by their own kids. Just wait until Hillary Clinton and Obama sign onto the U.N.'s Rights of the Child and you will find out that parents have no rights and neither will the states or the American courts.
sam 4-09-2009 @ 12:33AM
First off, AnDrade is absolutely correct...but my question is...Who paid for the lawyers and court costs? Ive been to court, Ive had to sign many documents...Is it not law that only an adult (age 18+) can sign a binding contract? Like a contract to hire an attorney? Who paid for it and how? Saved allowances? Did mom pay for it? Bottom line is the basic fundamental steps to get into court were ignored for attention getting purposes by every party including the courts. Mom is wrong for antagonizing such a stupid disrespectful notion towards the father...whether they were married or not. The dad is wrong for allowing such stupidity and for allowing it to continue. The daughter is wrong on so many levels but for primarily being twelve and still throwing temper tantrums like a 2 yr old. The court is wrong for allowing such a case to go on and wasting time when thier are families in true need of the system and cant get legal help within a timely fashion.
There is not one specific thing that is the reason for the demise of this country, but this is definetely part of it.
And finally to look at the basics....The father took away a very special school trip (probably that he paid at least half for) because she didnt follow his instruction to get off the internet. The punishment was to strict for the crime. However Im willing to bet she is the epitimy of a snot...and he was fed up with her behavior and was trying to teach her a lesson of some kind. I see the effort...but parenting starts long before they are 12 yrs old.
Ultimately, the attorneys, the courts win out, as they always do; at the expense of a father - daughter relationship that was apparently already dysfunctional. How sad! I wouldnt give up my daddy for anything in the world! Hopefully they find thier peace-
Ray 4-09-2009 @ 1:32AM
While I agree with much of these sentiments, we may be overreacting to the court's decision. Rather than interpret the court's decision as: "The dad has no authority to discipline his daughter", perhaps a more accurate interpretation would be: "The mom is the better parent to deal with this child." Look at it this way - suppose the Mom had custody to begin with. Remember, she granted the girl permission. Could the father have overridden the Mom's permission? But, then, let's look at it another way: If the girl had violated a SCHOOL policy and the SCHOOL had banned her from the trip, would the court have ruled in favor of the girl? A few years ago, a 17-year old girl in Florida was barred from her own HS graduation because she accidently left a kitchen knife inside her car and drove the car to school. (Violated the school's ban on weapons.)
Andrade1225 4-09-2009 @ 3:56AM
Oh my gosh..Did anyone even think for ONE moment..This issue is with the parents. These parents need to establish some respect for each other..This poor kid has learned to play each parent..This shouldn't ever happen and it's the parent's fault...He should have established some type of punishment; however, since she was already told she could attend from the mother now the father has to set some other punishment..They can't play against each other which obviously this has been the problem the entire time..This kid is not to blame...The parents need to grow up..The Judge should never have taken it to this extreme; he should have simply sent this motion to mediation..This is silly...Now kids will sue just like kids aren't to be spanked..Give me a break..The parents have to get along inspite of their differences..If they care 'truly' about their daughter they should grow up...
Andy 4-09-2009 @ 7:24AM
Let's look past the kid for a minute. Who paid the idiot lawyer who took this to court? Yes, the mother did. So who is ultimately responsible for this travesty? Yes, the mother who took another shot at her ex-husband without regard for the consequences and the well being of the child.
monkey 4-09-2009 @ 7:43AM
The Judge should be immediately removed from the bench and beaten with a cane publically.
Alyssa 4-09-2009 @ 8:18AM
"How is a 12 year old allowed to sue someone?" ****** 12 year olds are citizens too.
MISTYDAWN 4-09-2009 @ 8:51AM
IF PEOPLE THINK THE WORLD IS BAD NOW, JUST THINK, ITS KIDS LIKE THIS LITTLE BRAT, THAT ARE GONNA BE RUNNING THIS PLACE IN THE FUTURE. WITH ALL THE CRIME IN THIS WORLD, THAT JUDGE SHOULD HAVE NEVER ALLOWED THIS TO MAKE IT TO THE BENCH. I FEEL SORRY FOR HER DAD, AND I CAN ALMOST FEEL HIS RAGE AND ANGER. THE ONLY THING THAT I COULD IMAGINE BEING WORSE THAN HAVING A BRAT FOR A KID, WOULD BE HAVING A BRAT FOR A KID AND NOT BEING ABLE TO PUNISH THEM.